Application Process for the Licensing of Restaurants, Bars and Nightclubs - Macau Government Tourist Office November, 2006 (Reprinted in June, 2009)

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Application Process for the Licensing of Restaurants, Bars and Nightclubs - Macau Government Tourist Office November, 2006 (Reprinted in June, 2009)
Application Process for the
Licensing of Restaurants,
  Bars and Nightclubs

         Macau Government Tourist Office
      November, 2006 (Reprinted in June, 2009)
Application Process for the Licensing of Restaurants, Bars and Nightclubs

                                                           Contents

Foreword............................................................................................................. 4
Introduction to procedures................................................................................. 5
1.     Preliminary stage............................................................................................................ 6
       1.1 Classification of similar establishments.................................................................                      6
       1.2 Requirements for similar establishments................................................................                        6
              1.2.1 Restaurants...................................................................................................        6
                        1.2.1.1 Specific requirements for premier restaurants................................                             6
                        1.2.1.2 Specific requirements for first-class restaurants.............................                            8
                        1.2.1.3 Specific requirements for second-class restaurants........................                                10
              1.2.2 Nightclubs...................................................................................................         11
                        1.2.2.1 Specific requirements for premier nightclubs................................                              11
                        1.2.2.2 Specific requirements for first-class nightclubs.............................                             12
              1.2.3 Bars............................................................................................................... 14
                        1.2.3.1 Specific requirements for premier bars...........................................                         14
                        1.2.3.2 Specific requirements for first-class bars........................................                        14
       1.3 Requirements for site selection...............................................................................                 15
       1.4 Plans and specifications of documents to be submitted..........................................                                16
              1.4.1      Project alterations.......................................................................................       16
              1.4.2      Water supply plan........................................................................................ 17
              1.4.3      Plans for drainage and sewage disposal, grease interceptor and
                         structure....................................................................................................... 17
              1.4.4      Structural plan............................................................................................. 18
              1.4.5      Circuit plan for fuse box of power equipment............................................                         18
              1.4.6      Fire-fighting equipment plan and fire-fighting system design plan............. 18
              1.4.7      Requirements for documents to be submitted concerning alteration to
                         project plans…………………………….................................................... 18
              1.4.8      Requirements for documents to be submitted concerning structural
                         alterations..................................................................................................... 19
              1.4.9      Fuel facilities............................................................................................... 19
              1.4.10 Sound Insulation devices............................................................................. 21

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

1.5 Various projects and requirements for relevant devices ......................................... 21
     1.5.1     Architectural design..................................................................................... 21
     1.5.2     General requirements................................................................................... 22
     1.5.3     Kitchens........................................................................................................ 24
     1.5.4     Sanitary devices........................................................................................... 25
     1.5.5     Refrigerators................................................................................................. 26
     1.5.6     Food lifts...................................................................................................... 26
     1.5.7     Lighting and ventilation systems................................................................. 27
     1.5.8     Grease interceptor......................................................................................... 27
     1.5.9     Ventilator...................................................................................................... 27
     1.5.10 Fuel facilities................................................................................................ 27
     1.5.11 Soot filter and aroma elimination system..................................................... 27
     1.5.12 Sewage disposal system............................................................................... 28
     1.5.13 Drainage system........................................................................................... 28
     1.5.14 Water supply system……............................................................................. 28
     1.5.15 Noise prevention measures.......................................................................... 28
     1.5.16 Pest control.................................................................................................. 29
     1.5.17 Guidelines for analysis of fire-fighting safety.............................................. 29
                1. Requirements for restaurants and nightclubs, with guidelines for 29
                   analysis of fire-fighting safety……..…….………………………........
                     1.1     Layout, ceiling, decorations and floor.......................................... 29
                     1.2     Fire-fighting equipment................................................................ 30
                     1.3     Power equipment…...................................................................... 31
                     1.4     Fuel facilities................................................................................. 31
                2. Requirements for bars and guidelines for fire-fighting……….…….... 32
                     2.1     Layout, ceiling, decorations and floor…...................................... 32
                     2.2     Fire-fighting equipment................................................................ 32
                     2.3     Power equipment.......................................................................... 34
     1.5.18 Guidelines to minimize environmental impact.......…………..................... 34
                1. General guidelines for controlling noise................................................ 35
                2. Special guidelines for controlling noise................................................. 35
                3. Guidelines for controlling soot and odours............................................ 36

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

                          4. Guidelines for controlling sewage......................................................... 37

2.     Application........................................................................................................................ 38
       2.1 Procedure and charges of license application for similar establishments.................. 38
              2.1.1       Documents required for establishments in buildings under construction.... 39
              2.1.2       Documents required for establishments in completed buildings................. 40
       2.2 Renewal of Licence.................................................................................................. 42

3.     Construction...................................................................................................................... 43
                                                                                                                                          44
4.     Examination......................................................................................................................

Appendix 1: Table I - minimum area for kitchens................................................................... 46
            Table II – number of sanitary devices….………………………........................ 47

Appendix 2: Buildings and locations of commemorative and artistic value……………..…. 49

Appendix 3: Relevant laws and regulations………………………….................................... 54

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

                                          Foreword

An increasing number of investors are setting up restaurants, bars and nightclubs (hereinafter
termed similar establishments) in the Macau SAR. The opening of similar establishments is
regulated by relevant laws and regulations. In order to enable applicants to clearly understand
such legal requirements, and to accelerate the licensing process, the Macau Government
Tourist Office (MGTO) has formulated an ‘Application Process for the licensing of
Restaurants, Bars and Nightclubs’.

This guide is based on the laws and decrees which regulate buildings, projects, fire-fighting,
sanitary devices, environmental impact including noise. It is divided into four stages:
preparation, application, construction and examination, and elaborates on requirements
including classification of similar establishments, specific requirements for different classes,
site selection, design and specifications of documents. The contents for relevant laws and
regulations are in this guide for those who require more in-depth information. Suggestions or
questions related to this guide are welcome and may be sent to MGTO via telephone, fax,
letter, e-mail or personal visit to MGTO’s offices in Alameda Dr. Carlos d' Assumpção,
335-341, Edificio Centro Hotline, 12th floor, Macau. Your valued opinions and queries will
help improve the licensing procedure.

*E-mail:dl@macautourism.gov.mo
*Telephone number :83971312; 83971313
*Fax number:28330518

Note:    This manual provides basic information for an application for restaurants, bars or
         nightclubs. Nonetheless, establishment’s design should comply with the relevant
         laws and clause of regulations, especially if the proposed establishment of a
         restaurant, nightclub or bar is located in the hotel premises, its requirement for the
         application must be in compliance with the regulations of law. For more details,
         please refer to Decree-Law 16/96/M dated 1st April and Portaria 83/96/M dated 1st
         April.

         In case of discrepancies between English, Portuguese and Chinese versions of
         contents in this manual, the Chinese version shall prevail.

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

                            Introduction to Procedures

According to the first item of Article 2 of Decree-Law 16/96/M on 1st April, licences of the
first, second and third groups of establishments (restaurants, bars and nightclubs) indicated in
Article 6 of the Decree-Law, are issued by the Macao Government Tourist Office.

Investors may enquire about the application process and request relevant guides from the
Macau Government Tourist Office by phone, e-mail, and fax, or visit MGTO at the service
desk in person to enquire about documentation, procedures and taxes for licensing restaurants,
bars and nightclubs.

Applicants should submit an application form, relevant documents and plans. Design plans
must be made by architects, civil engineers or technicians, electronic or mechanical engineers
or technicians, fire-fighting engineering companies, building contractors or construction
companies recognized by Lands, Public Works and Transport Bureau (DSSOPT). All theses
plans require the signatures of the applicants and relevant technicians.

If the application meets statutory requirements and has been approved by the Macau
Government Tourist Office, then construction work can be started per the approved plans. At
this time, construction licences must be submitted. Information for the application of
construction licences is available at DSSOPT. If alterations are contemplated in the approved
project plans in the course of decoration and reconstruction, applicants must apply to MGTO
for approval. After consulting the ideas on technical issues from relevant departments, the
MGTO will decide whether to approve the alteration.

The applicants should apply to have equipment examined six or eighteen months (in case of
the establishments in hotels under construction) from the date of receiving the notice of
licence application by MGTO, otherwise the relevant permission will cease to be effective. If
the examining committee finds that the project is completely in line with the approved plans
and the advice from all the participating departments, and that equipment and installation
conforms to statutory standards, MGTO will grant a licence within fifteen days from the date
of spot examination.

If a project fails examination, applicants must rectify deficiencies within the stated period,
followed by a re-examination conducted by the examining committee for verification. Upon
approval, MGTO will grant a licence to applicants within fifteen days of the date of
examination.

Similar establishments cannot commence operations until they receive a licence and complete
registration for Starting Operations in the Finance Services Bureau (DFS).

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

                                  1. Preliminary Stage

If investors can clearly understand and comply with the relevant regulations for site selection,
environment, fire-fighting and hygienic safety, they are likely to obtain licences more quickly
within the statutory period. All requirements will be elaborated upon in the relevant chapters.
If you have questions, please feel free to make enquiries at the Licensing & Inspection
Department of the Macau Government Tourist Office.

1.1       Classification of similar establishments

          According to Article 6 in Decree-Law 16/96/M dated 1st April, similar establishments
          are classified as follows:

              First group: Premier, first-class and second-class restaurants;
              Second group: Premier and first-class nightclubs;
              Third group: Premier and first-class bars;
              Fourth group: Drinking establishments;
              Fifth group: Food and beverage establishments

          MGTO will be responsible for the issue of licences and the monitoring of similar
          establishments in the first, second and third groups.

1.2       Requirements for similar establishments

1.2.1     Restaurants

1.2.1.1   Special requirements for premier restaurants
          1.     General requirements:
                 - Customer area must be separated from operation area;
                 - Toilets must be separated according to gender;
                 - If neither food nor drinks are prepared on the same floor as the customer
                   area, restaurants must be equipped with operational staircase or dumb
                   waiters;
                 - Kitchens and pantries, segregated or not, with suitable size and area;
                 - The restaurant must be equipped with refrigeration facilities for the
                   preservation and freezing of food and beverages, and cater to a specific
                   number of customers and the characteristics of food and beverages

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

       served;
     - The restaurant must be equipped with toilet facilities reserved exclusively
       for staff.

2.   Restaurants located in commercial buildings where toilets are available at the
     same floor, there is no need to be equipped with toilet facilities, yet toilet
     facilities in such commercial buildings must conform to the basic
     requirements listed in Table II of Appendix 1; these toilet facilities must be
     located on the same floor as the restaurants and are for customers and staff of
     the restaurants only.

3.   Kitchens in self-service, fast food or Japanese restaurants need not be
     separated from the customers, and can face the dining area.

4.   Restaurants providing Chinese and Korean hotpots are permitted to
     prepare food on diners’ tables if proper fire-fighting safety equipment is at
     hand.

5.   Restaurants must provide an entrance for customers independent of the
     staff/service entrance.

6.   Premier restaurants with a customer capacity of 200 or more must install
     washrooms for the handicapped.

7.   Areas designated for customers in restaurants must:
     - Install a cloakroom near the entrance;
     - Equip the parlour with a bar;
     - Determine customer capacity of the restaurant according to the area of the
       restaurant to enable customers to have enough personal space and enjoy
       efficient service;
     - Provide smoking and non-smoking areas;
     - Equip bathrooms with quality-finish materials and facilities, washtubs
       with hot and cold water, and washrooms for the handicapped.

8.   Only restaurants providing Oriental food are not required to equip parlours
     with bars.

9.   Restaurant operation areas should:

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

                 - Provide an entrance;
                 - Install a kitchen with efficient, modernized, purpose-made mechanical
                   devices;
                 - Install a pantry comprising two areas for storing soiled and clean cutlery.
                   The kitchen must not be located in the passageway between the restaurant
                   and the pantry. The pantry must be located between the kitchen and the
                   customer area;
                 - Reserve space for the storage of food, beverages and empty bottles
                   according to the capacity and characteristics of the restaurant;
                 - Provide dressing rooms for staff.

          10.    Restaurants must provide an elegant environment and high-class service to
                 customers via quality decorations and facilities.

          11.    Non-Oriental restaurants must provide menus for Portuguese food, Macanese
                 food and food from other countries plus a wine list with. Each bar of the
                 restaurant must have a “sommelier”.

          12.    Cookware and cutlery are the responsibility of a qualified chef.

          13.    Restaurants are required to recruit staff who have a fair knowledge of the
                 Portuguese, Chinese and English languages.

          14.    The largest capacity of the restaurant is to be determined according to the
                 area used by customers. The minimum parameter is 2m2 per person.

1.2.1.2   Special requirements for first-class restaurants
          1.     General Requirements
                 - Customer area must be separated from operation area;
                 - Toilets must be separated according to gender;
                 - If neither food nor drinks are prepared on the same floor as the customer
                   area, restaurants must be equipped with operational staircase or dumb
                   waiters;
                 - Kitchens and pantries, segregated or not, with suitable size and area;
                 - Restaurants must be equipped with refrigeration facilities for the
                   preservation and freezing of food and beverages, and cater to a specific
                   number of customers and the characteristics of food and beverages
                   served;

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

     - Restaurants must be equipped with toilet facilities reserved exclusively
       for staff.

2.   Restaurants located in commercial buildings where toilets are available at the
     same floor, there is no need to be equipped with toilet facilities, yet toilet
     facilities in such commercial buildings must conform to the basic
     requirements listed in Table II of Appendix 1; these toilet facilities must be
     located on the same floor as the restaurants and are for customers and staff of
     the restaurants only.

3.   Kitchens in self-service, fast-food or Japanese restaurants need not be
     separated from the customers, and can face the dining area.

4.   Restaurants providing Chinese and Korean hotpots are permitted to
     prepare food on diners’ tables if proper fire-fighting safety equipment is at
     hand.

5.   Restaurants must provide an entrance for customers independent of the
     staff/service entrance.

6.   Areas designated for customers in restaurants must:
     - Install a cloakroom near the entrance;
     - Equip the parlour with a bar;
     - Determine customer capacity of the restaurant according to the area of the
       restaurant to enable customers to have enough personal space and enjoy
       efficient service;
     - Provide smoking and non-smoking areas;
     - Equip bathrooms with quality-finish materials and facilities, washtubs
       with hot and cold water, and washrooms for the handicapped.

7.   Only restaurants providing Oriental food are not required to equip parlours
     with bars.

8.   Non-Oriental restaurants must provide menus for Portuguese food, Macanese
     food and food from other countries plus a wine list with.

9.   Cookware and cutlery are the responsibility for a qualified chef.

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

          10.    Restaurants must provide decorations and facilities of fair quality.
                 The largest capacity of the restaurant is to be determined according to the
                 area used by customers. The minimum parameter is 1.5m2 per capita.

1.2.1.3   Special requirements for second-class restaurants
          1.     General Requirements:
                 - Customer area must be separated from operation area;
                 - Toilets must be separated according to gender;
                 - If neither food nor drinks are prepared on the same floor as the customer
                   area, restaurants must be equipped with operational staircase or dumb
                   waiters;
                 - Kitchens and pantries, segregated or not, with suitable size and area;
                 - Restaurants must be equipped with refrigeration facilities for the
                   preservation and freezing of food and beverages, and cater to a specific
                   number of customers and the characteristics of food and beverages
                   served;
                 - The restaurant must be equipped with toilet facilities reserved exclusively
                   for staff.

          2.     Restaurants located in commercial buildings where toilets are available at the
                 same floor, there is no need to be equipped with toilet facilities, yet toilet
                 facilities in such commercial buildings must conform to the basic
                 requirements listed in Table II of Appendix 1; these toilet facilities must be
                 located on the same floor as the restaurants and are for customers and staff of
                 the restaurants only.

          3.     Kitchens in self-service, fast food or Japanese restaurants need not be
                 separated from the customers, and can face the dining area.

          4.     Restaurants providing Chinese and Korean hotpots are permitted to
                 prepare food on diners’ tables if proper fire-fighting safety equipment is at
                 hand.

          5.     Second-class restaurants should also comply with the following general
                 requirements:
                 - Cloakroom must be installed near entrance;
                 - Space must be reserved for the storage of food, beverages and empty
                   bottles.

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

          6.     Restaurants must be equipped with a certain quantity and acceptable quality
                 of facilities.

          7.     The largest capacity of the restaurant is to be determined according to the
                 area used by customers. The minimum parameter is 1m2 per capita.

          8.     If restaurants do not provide an entrance for customers independent from the
                 staff/service entrance, the reception of goods in the restaurant must be
                 undertaken during the non-business hours.

1.2.2     Nightclubs

1.2.2.1   Specific requirements for premier nightclubs
          1.     General requirements:
                 - Customer area must be separated from operation area;
                 - Toilets must be separated according to gender;
                 - If neither food nor drinks are prepared on the same floor as the customer
                   area, restaurant area of nightclub must be equipped with operational
                   staircase or dumb waiters;
                 - Kitchens and pantries, segregated or not, with suitable size and area;
                 - Nightclubs must be equipped with refrigeration facilities for the
                   preservation and freezing of food and beverages, and cater to a specific
                   number of customers and the characteristics of food and beverages
                   served;
                 - Nightclubs must be equipped with toilet facilities reserved exclusively for
                   staff.

          2.     Nightclubs located in commercial buildings where toilets are available at the
                 same floor, there is no need to be equipped with toilet facilities, yet toilet
                 facilities in such commercial buildings must conform to the basic
                 requirements listed in Table II of Appendix 1; these toilet facilities must be
                 located on the same floor as the nightclubs and are for customers and staff of
                 the nightclubs only.

          3.     Nightclubs may be installed only in buildings designated partly for residential
                 purposes.

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

          4.     For calculating the capacity of customers, the minimum parameter for the
                 nightclub is 1m2 per capita, excluding space allocated for bands and Disc
                 Jockey.

          5.     In addition to general requirements, nightclubs must also:
                 - Install an entrance composed of low visibility materials;
                 - Provide an entrance for customers independent from the staff/service
                   entrance;
                 - Install a lobby;
                 - Install a cloakroom near the entrance;
                 - Provide a dance floor;
                 - Install a kitchen and pantry catering to the operation;
                 - Install dressing rooms or space exclusively for staff and performers
                   respectively;
                 - Reserve space for the storage of food, beverages and empty bottles.

          6.     Construction materials must be assured an acceptable level of noise
                 prevention.

          7.     If the nightclub provides drinks only, the counter may be used as a kitchen
                 and for storage of cutlery. Exclusive areas for kitchen and pantry are not
                 necessary.

          8.     Premier nightclubs should:
                 - Provide elegant decorations, facilities, furniture, environment and service;
                 - Equip bathrooms with hot and cold water, quality-finish materials and
                   facilities.

1.2.2.2   Specific requirements for first-class nightclubs
          1.     General requirements:
                 - Customer area must be separated from operation area;
                 - Toilets must be separated according to gender;
                 - If neither food nor drinks are prepared on the same floor as the customer
                   area, restaurants must be equipped with operational staircase or dumb
                   waiters;
                 - Kitchens and pantries, segregated or not, with suitable size and area;
                 - The nightclub must be equipped with refrigeration facilities for the

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

       preservation and freezing of food and beverages, and cater to a specific
       number of customers and characteristics of the food and drinks;
     - The nightclub must be equipped with toilet facilities reserved exclusively
       for staff.

2.   Nightclubs located in commercial buildings where toilets are available at the
     same floor, there is no need to be equipped with toilet facilities, yet toilet
     facilities in such commercial buildings must conform to the basic
     requirements listed in Table II of Appendix 1; these toilet facilities must be
     located on the same floor as the nightclubs and are for customers and staff of
     the nightclubs only.

3.   Nightclubs may only be installed in buildings partly designated for residential
     purposes.

4.   For calculating the capacity of customers, the minimum parameter for the
     nightclub is 1m2 per capita, excluding space reserved for bands and Disc
     Jockey.

5.   In addition to general requirements, nightclubs must also:
     - Install an entrance made of low visibility materials;
     - Provide an entrance for customers independent from the staff/service
       entrance;
     - Install a lobby;
     - Install a cloakroom near the entrance;
     - Install a dance floor;
     - Install a kitchen and pantry which caters to the operation;
     - Install dressing rooms or space exclusively for staff and performers
       respectively;
     - Reserve space for the storage of food, beverages and empty bottles.

6.   Construction materials must be assured an acceptable level of noise
     prevention.

7.   If the nightclub provides drinks only, the counter may be used as a kitchen
     and for storage of cutlery. Exclusive areas for kitchen and pantry are not
     necessary.

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

1.2.3     Bar

1.2.3.1   Specific requirements for premier bars
          1.     General requirements:
                 - Customer area must be separated from operation area;
                 - Toilets must be separated according to gender;
                 - If neither the food nor beverages are prepared on the same floor as the
                   customer area, bar must be equipped with operational staircase or dumb
                   waiters;
                 - Kitchens and pantries, segregated or not, with suitable size and area;
                 - Bar must be equipped with refrigeration facilities for the preservation and
                   freezing of food and beverages, and cater to a specific number of
                   customers and the characteristics of food and beverages served;
                 - Bar must be equipped with toilet facilities reserved exclusively for staff.

          2.     Bars located in commercial buildings where toilets are available at the same
                 floor, there is no need to be equipped with toilet facilities, yet toilet facilities
                 in such commercial buildings must conform to the basic requirements listed
                 in Table II of Appendix 1; these toilet facilities must be located on the same
                 floor as the bar and are for customers and staff of the bars only.

          3.     In addition to general requirements, bars must:
                 - Install an entrance made of low visibility materials;
                 - Provide an entrance for customers independent of the staff/service
                   entrance;
                 - Install a cloakroom near the entrance;
                 - Reserve space for the storage of food, beverages and empty bottles.
          4.    Bars must have a kitchen-pantry installed, which must be located within the
                counter area.
          5.    For calculating the capacity of customers, the minimum parameter for the bar
                is 1m2 per person.
          6.    Premier bars must be equipped with dressing rooms or spaces reserved
                exclusively for staff and project an elegant environment with decorations and
                facilities to provide service of superior quality.

1.2.3.2   Specific requirements for first-class bars
          1.     General requirements:
                 - Customer area must be separated from operation area;

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

            - Toilets must be separated according to gender;
            - If neither the food nor beverages are prepared on the same floor as the
              customer area the bars must be equipped with operational staircase or
              dumb waiters;
            - Kitchens and pantries, segregated or not, with suitable size and area;
            - Bar must be equipped with refrigeration facilities for the preservation and
              freezing of food and beverages, and cater to a specific number of
              customers and the characteristics of food and beverages served;
            - Bars must be equipped with toilet facilities reserved exclusively for staff.

      2.    Bars located in commercial buildings where toilets are available at the same
            floor, there is no need to be equipped with toilet facilities, yet toilet facilities
            in such commercial buildings must conform to the basic requirements listed
            in Table II of Appendix 1; these toilet facilities must be located on the same
            floor as the bar and are for customers and staff of the bars only.

      3.    In addition to general requirements, bars must:
            - Install an entrance made of low visibility materials;
            - Install an entrance for customers independent of the staff/service
              entrance;
            - Install a cloakroom near the entrance;
            - Reserve space for the storage of food, beverages and empty bottles.

      4.    Bars must be equipped with a kitchen-pantry located within the counter area.

      5.    For calculating the capacity of customers, the minimum parameter for the bar
            is 1m2 per person.

1.3   Requirements for site selection

      1.    Site for establishment can be in a fully-constructed building or building
            which under construction;

      2.    Establishment must hold a utility licence granted by the Lands, Public Works
            and Transport Department (DSSOPT);

      3.    Establishment cannot legally proceed to renovation without approval from the
            proprietor;

      4.    Establishment must be equipped with electricity supply;

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

      5.     Establishment must be equipped with water supply and sewage disposal
             drainage;

      6.     Establishment must be equipped with sufficient fire escapes;

      7.     Establishment must not be used for residential purposes, even temporarily;

      8.     Establishment must be far from places where animals are raised and where
             environmental hygiene may be affected;

      9.     The Cultural Affairs Bureau (IC) must be consulted if the establishment is to
             be set up in a historical site;

      10.    If a restaurant employs over 30 members of staff the opinion of the Labour
             Affairs Bureau must be sought on safety and hygiene conditions of working
             environment.

1.4   Plans and specifications of documents to be submitted

      Design plans must be made by architects, civil engineers or technicians, electronic or
      mechanical engineers or technicians, fire-fighting engineering companies, building
      contractors or construction companies recognised by Lands, Public Works and
      Transport Department (DSSOPT). All plans require the signatures of applicants and
      relevant technicians. The objective is to ensure that the applicant is obliged to carry
      out any alterations made in the establishment and enables related departments to
      analyze whether the layout, fit-out and facilities conform to relevant laws and
      regulations.

      1.4.1 Project alterations
             1.    Location plans at a scale of 1:1000;

             2.    Construction floor plans, elevations and sectional plans at a scale of
                   1:100 should include:
                   - Approved plans;
                   -     Combination plans (red denotes alteration and yellow denotes
                         cancellation);
                   -     Altered plans.

             At a minimum, the aforementioned design plan should include the following
             information:
             - Places for cooking, preparing and dealing with food;
             -     Areas for customers;

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

     -    Bathrooms;
     -    Storerooms;
     -    Cloakrooms for customers;
     -    Layout of dining tables and facilities (e.g.) seats, TV, counter, storage
          cabinet and stove;
     -    All entrances, exits and interior passageways;
     -    All windows, air-extraction /smoke-extraction /ventilation shaft, smoke
          emission flue or electronic ventilation flue and air-conditioning
          facilities;
     -    Ceiling and staircase height in establishments, and the use and area of
          fit-out.

     In accordance with the special requirements for different establishments, the
     aforementioned blueprint should include the following information:
     - Bathrooms for handicapped;
     -    Parlour equipped with bar;
     -    Smoking areas and non-smoking area;
     -    Entrance for customers;
     -    Entrance for operations;
     -    Dressing rooms for staff;
     -    Bathroom for staff;
     -    Operation areas;
     -    Pantry.

1.4.2 Water supply plan

     Floor plan of water supply at a scale of 1:100.
     (Should indicate clearly the pipe calibre of water supply facilities).

1.4.3 Plans for drainage and sewage disposal, grease interceptor and
      structure

     1.   Floor plan of drainage and sewage disposal at a scale of 1:100;

     2.   Shop drawing of grease interceptor: Top view plans, floor plans and
          sectional plans;

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

      3.   Building structure and foundation plan at a scale of 1:100;

      4.   Basement floor plan of establishments at a scale of 1:100 (if
           establishments contain basements).

      The aforementioned design must include following information:
      - Clearly indicate clean water and sewage system; sewage collection and
           joint conditions of grease interceptor;
      - Flow direction of groundwater and water channel, input and output of
           grease interceptor and design and standard height of sand drain within
           building.

1.4.4 Structural plan

      1.   Floor plans at a scale of 1:100;

      2.   Sectional plans at a scale of 1:10 or 1:20.

1.4.5 Circuit plan for fuse box of power equipment

1.4.6 Fire-fighting equipment plan and fire-fighting system design

      1.   Floor plan of fire-fighting equipment at a scale of 1:100– must clearly
           show location of relevant installation (e.g. fire distinguisher, exit
           instructions, automatic emergency lights, etc.);

      2.   If establishments are installed with fire-fighting system, a design plan of
           the fire-fighting system at a scale of 1:100 must be submitted in
           accordance with regulations that different colours be used to indicate
           pipes of different diameter.

      Design of fire-fighting equipment and fire-fighting system can be shown in
      same plan.

1.4.7 Requirements for documents to be submitted concerning alteration
      to project plans

      1.   With regard to alteration in construction documentation should briefly
           include contents of construction items, including altered fit-out and

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

            uses, plans for water supply and drainage, fire-fighting equipment, and
            other facilities and adopted construction materials;

      2.    Responsibility statement from construction plan technician, who must
            be an architect, civil engineer or civil engineering technician registered
            with DSSOPT;

      3.    Applicants and designers must sign aforementioned design exposition
            documents;

      4.   If neighbouring apartments dismantle/construct additional common
           walls or floor slabs, owners must sign an agreement statement.

1.4.8 Requirements for documents to be submitted concerning structural
      alteration
      If establishment is to undergo structural alteration, structural proposals must
      be attached with documents of structural plans, calculation sheets and
      responsibility statement of structural plan technicians of proposed design.

1.4.9 Fuel facilities

      The storage of liquid petroleum gas exceeding a volume of 53dm3 is subject
      to compulsory regulation. Storage equipment and gas transportation must
      conform to administrative regulation 28/2002 “Safety regulations of storage
      facilities of individual liquefied petroleum gas containers with volume not
      exceeding 200m3" and administrative regulation 30/2002 “Technical
      regulations of fuel piping supply facilities in the building". Applicants must
      submit plans and relevant information to the DSSOPT for approval.
      Moreover, if each division of the kitchen or cooking area uses heating
      apparatus of fuel unit power and total power of over 35kw and 50kw
      respectively, fuel facilities of relevant gas supply equipment should conform
      to technical conditions stipulated by administrative regulation 26/2002
      “Safety regulations of high-power fuel equipment installation" and undergo
      relevant application and approval procedures. In additional, applicants must
      abide by the decision of the Fire Service Department. In accordance with
      aforementioned approval of relevant administrative regulations, general plans
      and relevant information requested are summarized below (if not listed below,
      it shall depend on the need of supplementary in installation approval):

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

1.   Storage facilities for liquefied petroleum gas and equipment:
     - Storage facility’s location, environment, floor layout, construction
          materials and ventilation, ancillary equipment installation, pipe
          location, layout, system diagrams, signs and illustrations;
     - Liquefied petroleum gas storage container, specifications,
          installation condition, individual and total volume in kilograms or
          litres and its location, layout and corresponding indications, signs
          and illustrations;
     - Information and illustration of electrical devices and explosion
            -proof equipment;
     - Fire-fighting system installation information and corresponding
          indications, signs and illustrations.

     Petroleum gas vaporization facilities, parts of facilities (this column is
     only suitable for partition of storage section; if they are not separated, it
     will be considered per column above):
     - Vaporization facilities’ location and environment, floor layout,
           construction materials, ventilation, vaporization facilities and
           model, specifications, individual and total vaporization capability,
           installation and conditions, pipe system diagram and equipment
           location and corresponding relevant indications, signs and
           illustrations;
     - Information and illustration of electrical devices and explosion
           -proof equipment ;
     - Fire-fighting system installation information, relevant indications,
           signs and illustrations.

2.   Fuel gas transport system and pipe section (from gas supply facilities to
      fuel gas area):
     - Fuel gas transport and pipe system, equipped facilities' floor
           distribution plans and relevant information, indications, signs and
           illustrations;
     -     Pipe material and other fittings information and illustration in
           accordance with regulation or equivalent standard;
     -     Protection measures, information and relevant indications and
           illustration of piping in building, ceiling and outdoor areas;

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

                     -    Site information and relevant illustration of fuel gas piping and
                          other piping, electrical wire, electrical cable, switch panel and
                          electrical points.

               3.    Kitchen and fuel gas stoves, heating apparatus :
                     - Kitchen location, floor layout and fit-out details, relevant
                          construction details and piping material illustration, ventilation,
                          fuel gas piping system diagram and equipment layout, fire
                          apparatus or heating apparatus’s individual and total power,
                          automatic safety gear and equipment installation, site space,
                          electrical devices and facilities protection standard and space
                          between fuel gas apparatus and relevant indications, signs and
                          illustrations;
                     - Fire-fighting system installation information and relevant
                          indications, signs and illustrations.

        1.4.10 Sound insulation devices
               Relevant design must consider existing special regulations, especially rules
               for city construction, fire fighting and safety. The submitted design should
               include design details, design plans, relevant technical indicators and
               specifications of sound insulation capability and manual, and quantity of
               musical devices planned with technical parameters and manual.

1.5     Various projects and requirements for relevant devices

        Standards of safety facilities and installations such as structure, fire-fighting and
        environmental hygiene in establishments is regulated by current law and monitored
        by relevant departments.

1.5.1   Architectural design
        1.     If establishment caters to 50 or less people, width of exit should not be less
               than 0.90m.

        2.     If establishment caters to over 50 people but less than 100, at least two exits
               must be available. Width of individual exit must not be less than 1.10m while
               total width of exits must not be less than 2.30m.

        3.     If establishment caters to more than 100 people but less than 200, width of

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

      exit must not be less than 1.20m while total width of exit must not be less
      than 2.50m.

4.    If establishment caters less than 50 people, the width of the passageways
      should not be less than 1.00m. Or if establishment caters more than 50
      people, the width of the passageways should not be less than 1.10m.

5.    Exit door must open outward, and must not occupy pavement area (public
       roads or public pavements).

6.    If the aforementioned location does not have alternative evacuation exits in
      the establishment, distance between establishment and exit door must not
      exceed 30m. If there is choice of evacuation exit, distance must not exceed
      45m (only suitable for ground floor or ground floor and loft or basement with
      flat); if the exit route is complicated, an appropriate proportion exit diagram
      must be attached.

7.    Exterior projections, such as signage, gas exhaust flue or air conditioning,
      must not exceed 0.5m and 0.75m, and space between them and pavements
      should not be less than 2.70m and 3.50m (Exterior projections of building
      generally not permitted in NAPE area).

8.    If establishment staircase cannot adopt shape of a fan its width should not be
      less than 1.0m. If staircase only goes to store room or area where no one
      works, it may be exempt from regulations.

9.    Width of staircase step should not be less than 0.23m and the height should
      not exceed 0.18m.

10.   Clear height of staircase for people should not be less than 2.20m.

11.   Clear height of kitchens should not be less than 2.20m.

12.   Except for washrooms and corridors, areas for customers’ use should not
      measure less than 2.60m high. In a five-star or four-star hotel, the height
      should be at least 3.50m. In a three-star or two-star hotel, the height should be
      at least 3.00m.

13.   Kitchens must be provided with one-hour fire resistance (CRF60) materials

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

              and be of floor-slab construction (e.g.) brick wall, and separated from other
              parts of establishment. A half-hour fire resistance (CRF30) solid wood door
              with a thickness of 5 cm and automatic shutter fittings must be installed.

        14.   Opening area (food transfer passage by wall) of establishment kitchen and
              dining area should not exceed 0.2m2. Additionally, a half-hour resistant
              (CRF30) fire-fighting gate that closes manually or automatically should be
              considered.

        15.   Air or smoke extraction or ventilation shaft in establishment must be made or
              installed with inflammable materials. It should not block operation of fixed
              automatic sprinkler system. If it needs to pass through an unspecified area or
              a premise with a different function, one-hour fire resistance (CRF60)
              materials should be used in construction.

        16.   If kitchen for cooking noodles or porridge is located on side of the sole exit of
              establishment, only an electric stove may be used.

        17.   If stoves in kitchen are used solely for cooking noodles or congee, and the
              fuel used comprises 20 litres of kerosene, diesel or electricity, aforementioned
              Articles 13 and 15 may be exempted.

1.5.2   General requirements
        1.    Levels and ceilings
              - Ceilings of all areas (kitchens, store room, sanitary devices, dining area
                   or drinking area, passageways or other areas) should be made of firm,
                   solid, non-flammable, anti-corrosive, easily cleanable, sterilized
                   materials;
              - Except for washrooms and corridors, areas for customers’ use should not
                   measure less than 2.60m high. In a five-star or four-star hotel, the height
                   should not be less than 3.50m. In a three-star or two-star hotel, the
                   height should not be less than 3.00m. If the areas are equipped with air
                   conditioner to ensure good ventilation, 5 cm lower in height can be
                   allowed.
              - If there is false ceiling, the lowest height between the false ceiling and
                   floorboards must be the same as the aforementioned regulation.
              - If successive false ceilings unavoidable, the upper space of each area
                   must not be linked to upper space of connected areas.

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

     -     Kitchens and storerooms not permitted undertake decorations, which
           may result in lack of access for inspection and cleaning, such as false
           ceiling.

2.   Walls
     - Walls of all areas (kitchens, storerooms, sanitary devices, drinking area
           and/or dining area, passageways or other areas) must be made of
           smooth, firm, inflammable, anti-corrosive, easily cleanable, sterilized
           materials;
     - Walls of kitchens and sanitary devices and their connected passageways
           should be made of ceramic tiles, marble or any smooth, waterproof,
           light-coloured materials 1.5m or more;
     - Kitchens, storerooms and sanitary devices must not be decorated in a
          manner, which obstructs inspection, cleaning and sterilization, such as
          the use of wall panels.

3.   Floorboards
     Floorboards in all areas (kitchens, store rooms, sanitary devices, drinking area
     and/or dining area, passageways and other areas) should be made of smooth,
     slip-proof, firm, waterproof, inflammable, anti-corrosive, easily- cleanable,
     sterilized materials.

4.   All restaurants, nightclubs, bars and other establishments must contain
     following areas, of a size regulated by relevant regulations consistent with
     maximum customer capacity:
     - Customer area and dining area;
     -     Sanitary devices;
     -     Kitchen;
     -     Store rooms or warehouse;
     -     Refrigerating facilities including freezing compartment.

5.   The area of the kitchens, store rooms and/or warehouses must be in
     proportion to total area of establishment and conform to minimum area
     stated in appendix of “Hotel Industry and Similar Industries Regulations”
     approved by “Portaria 83/96/M” dated 1st April (more details in appendix I).

6.   Kitchens, storerooms and sanitary devices must not undertake decorations
     which may obstruct access for inspection, cleaning and sterilization, such as

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

              the use of wall panels.

        7.    Dining area and/or drinking area, parlour and connected passageways must
              not undertake decorations, which may obstruct access for inspection, cleaning
              and sterilization, such as use of wall panels or false wall.

        8.    Recommended that establishments such as restaurants, nightclubs and bars
              install a pantry consistent with maximum customer capacity for storing
              tablecloths, cups, plates, forks, knives and tableware supplied for customers’
              use. If amenities not sufficient, a special cupboard should be made available.
              The cupboard should always be closed and covered with materials, which are
              waterproof, ventilated, easy cleanable, and can repel dust, mice and
              cockroaches.

        9.    All establishments must provide covered containers for collecting garbage,
              with capacity adapted to number of customers and frequency.

        10.   Establishments may not be used for residential purposes, even temporarily.

1.5.3   Kitchens
        1.    Kitchens must provide sufficient lighting and direct and artificial ventilation
              installation;

        2.    Kitchens must install ventilation, smoke and odour-absorbing and eliminating
              devices;

        3.    The smallest area of kitchen should conform to regulations in Table I of
              Appendix I;

        4.    Surfaces of floorboards, walls, ceilings and other supporting facilities in
              kitchens should be made of firm, waterproof, anti-corrosive, easily cleanable
              materials;

        5.    Floorboards of kitchens and pantries must be made of slip-proof materials,
              and equipped and designed with conveniently angled drainage fittings;

        6.    Walls must be level and smooth to the ceiling. The connecting point with
              floorboards and other walls should be arc shaped;

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

        7.    Operation area must avoid dissemination of odours and constructed to prevent
              noise, vibration and odious smells;

        8.    Food handlers must always keep their hands clean. The entrance to kitchens
              and suitable areas in kitchens must be installed with washbasin for staff
              members on a proportion of 1 sink per 20 staff members and, must be
              installed with siphon bend and connected to public sewage system. Liquid
              soap and individual towel dispenser or electric hand dryer must be made
              available;

        9.    Kitchen interior must contain designated space for cookers, cutlery and
              tableware (recommend each 1m2 in kitchen reserve 0.02m3 for kitchen
              cupboard);

        10.   All establishments such as restaurants, nightclubs and bars must be equipped
              with refrigerating facilities with temperature monitor and warning system, to
              preserve food and beverages; to be consistent with maximum customer
              capacity and food and drink characteristics;

        11.   Racks, tables, cupboards and operation tables must be made of smooth, firm,
              waterproof, anti-corrosive, easily cleanable materials (such as stainless steel).
              Items must also be consistent with activities of establishment and maximum
              customer capacity;

        12.   Boards made of wood or other materials must not be laid on floor of kitchens;

        13.   Personal possessions, including clothing, shoes, socks, luggage, rain gear,
              washing articles, may not be stored or put in kitchens and food storage areas;

        14.   All establishments such as restaurants, nightclubs and bars must be equipped
              with areas for storing food and beverages and glass bottles consistent with
              establishment characteristics and maximum customer capacity.

1.5.4   Sanitary devices
        1.    All sanitary devices must have running water and functioning area must be
              appropriate and safe;

        2.    Doors of sanitary devices must be fitted with self-closing door hinges;

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

        3.    Sanitary devices must be equipped with direct or artificial ventilation devices
              for continuous renewal of air;

        4.    Walls, floorboards and ceiling must be decorated with waterproof,
              anti-corrosive, easily cleanable materials;

        5.    Floorboards must be provided with convenient drainage devices;

        6.    Sanitary devices may not be directly connected to areas used for storing,
              preserving and preparing food products. They must be located in appropriate
              places not directly facing customer areas;

        7.    Sanitary devices must be separated according to gender. Sanitary devices for
              staff members only must be installed;

        8.    Minimum number of sanitary devices for customers must be consistent with
              basic requirements in Table II of Appendix I;

        9.    Minimum of one toilet and sink must be provided for 40 male staff members
              and 30 female staff members;

        10.   Sanitary devices must be equipped with liquid soap and individual towel
              dispenser or electric hand dryer, as well as necessary sanitary articles, lighting
              and fixed mirrors. Each toilet cubicle must always contain toilet paper;

        11.   Health department neither encourages nor recommends establishments not be
              equipped with toilets exclusively for customers and staff members. If
              restaurants, nightclubs and bars are not equipped with sanitary devices, but
              are equipped in commercial buildings or plazas for customers and staff
              members of food and drink establishments, this should be stated in
              application for licence. Regional hygiene supervisors will provide opinions
              according to circumstances;

        12.   Sanitary devices should always be clean and in good operation.

1.5.5   Refrigerators
        1.    Refrigeration facilities must provide appropriate lighting;

        2.    Refrigeration facilities must be installed with appropriate warning systems

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

              such as alarms;

        3.    Floors of refrigeration facilities must be clean and dry;

1.5.6   Food lifts
        1.    Food lift must be easily cleanable and constructed entirely of stainless steel.
              All shelves must be removable for easy cleaning;

        2.    If there is only one food lift in an establishment such as a restaurant, a
              nightclub or a bar:
              - The lift must carry food and clean tableware only; or
              -      The lift must be divided into two levels. The upper level is for food and
                     clean tableware, and the lower level is for remains of meals and dirty
                     tableware.

        3.    If an establishment such as a restaurant, a nightclub or a bar are equipped
              with more than one food lift, each fit lift must clearly indicate designated use
              (e.g.) wording such as ‘Food and Clean Tableware Only’ or ‘Dirty Tableware
              Only’ must be indicated at eye level.

1.5.7   Lighting and ventilation systems
        1.    All establishments must be equipped with appropriate lighting and
              ventilation. Natural methods more desirable but artificial lighting and
              ventilation facilities or devices may be adopted to improve condition of
              environment;

        2.    If natural breeze is insufficient or impossible to obtain, establishments must
              install sustainable fresh air facilities to increase artificial ventilation.
              Recommended that fresh air entrance and exhaust gas exit installed at least
              2.5m high above ground outside establishment;

        3.    Increased ventilation must supply minimum 17m3/hr for each person.
              Individual air entrance and exit must be installed in different sites of
              establishment;

        4.    Fresh air entrance and exhaust gas exit must not be too close to avoid fumes
              of exhaust gas;

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Application Process for the Licensing of Restaurants, Bars and Nightclubs

         5.     All air-ducts must be constructed to prevent entry of mice;

         6.     Exhaust device of ventilation system must not be installed in places that may
                cause disturbance or inconvenience to public.

1.5.8    Grease interceptor
         1.     There must be enough space for installing a sufficient number of grease
                interceptors;

         2.     All grease and wastewater collected from kitchens, including wastewater
                from water troughs, wash tanks and sewage ditches on the ground, must pass
                through a grease interceptor of sufficient capacity before wastewater
                discharged to public drainage system;

         3.     Grease interceptors must be concealed on or underground;

         4.     Grease interceptors must be installed in washing area, far from food
                preparation and storage areas.

1.5.9    Ventilator
         1.     Kitchens must install air-extracting facilities;

         2.     Partial air-extracting facilities must be installed above stoves;

         3.     Air-extracting fans must be equipped with protection casing (electric fan lid).

1.5.10   Fuel facilities
         All flammable materials, such as petroleum gas and gasoline, must be placed in
         protected areas, which are inflammable and appropriately ventilated.

1.5.11   Soot filter and aroma elimination system
         Kitchens and other areas used for food preparation and cooking must be installed
         with effective soot filter system appropriate for function of areas for collection and
         elimination of odours. Their operation must not inconvenience or harm third parties.

1.5.12   Sewage disposal system
         Wastewater in establishments must directly be directed to public sewage system, and
         all wastewater emission facilities (such as sinks, water troughs, washing tubs, toilet
         bowls, troughs and bathtubs) must be installed with siphon bend and trap.

1.5.13   Drainage system
         Kitchen floors, panty and sanitary devices must slightly incline to the channel cover
         or similar water outlet, so that water can drain away in that direction.

1.5.14   Water supply system

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